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The Notice of Motion dated 23rd September, 2025 was brought pursuant to Sections 1A, 1B, 3A, 38, and 63(e) of the Civil Procedure Act , Order 22 Rules 40–52 of the Civil Procedure Rules , and all other enabling provisions of the law. The Applicant seeks the following orders.
i. spent
ii. THAT all shares, including any Class A Ordinary Shares, owned by the 1st Defendant/Judgment Debtor (FEP Sacco Society Limited, now Unicom Savings and Credit Co-operative Society Limited) in CIC Insurance Group PLC be attached in execution of the Decree herein.
iii. THAT pending hearing and determination of this Application, a Prohibitory Order do issue to the Central Depository & Settlement Corporation (CDSC) , the Nairobi Securities Exchange (NSE) , CIC Insurance Group PLC , and the 1st Defendant/Judgment Debtor restraining any transfer, dematerialization, pledge, charge, or other dealings with the aforesaid shares or any dividends/entitlements therefrom.iv. THAT the CDSC and NSE do within seven (7) days furnish to the Court and the Plaintiff/Decree Holder the CDSC account number(s), quantity, and class of shares owned by the 1st Defendant/Judgment Debtor in CIC Insurance Group PLCi
iv. THAT the attached shares be sold by public auction on the NSE through a licensed stockbroker appointed by the Plaintiff/Decree Holder under the supervision of this Honourable Court, and the net proceeds applied towards satisfaction of the Decree and accrued interest.
v. THAT any dividends, bonus issues, or cash entitlements accruing after attachment be paid to Court or directly to the Decree Holder to be set off against the Decree.
vi. THAT costs of execution and this Application be borne by the 1st Defendant/Judgment Debtor.
Background
The Application is supported by the affidavit of Claudia Mueni Mutungi , who depones inter alia that:
i. Judgment was entered on 14th November, 2024 , in favour of the Plaintiff/Decree Holder against the 1st Defendant/Judgment Debtor for Kshs. 29,000,000 together with interest.
ii. To date, the Judgment Debtor has failed, neglected, and/or refused to settle the said decretal sum.
iii. The 1st Defendant has also failed to comply with the Orders of 27th March, 2025 , and there are no subsisting orders barring execution.
iv. The 1st Defendant is the registered owner of Class A Ordinary and/or other shares in CIC Insurance Group PLC , which are valuable attachable assets.
v. Unless prohibitory and disclosure orders are issued, there is a real risk of dissipation of these shares.
vi. Attachment and supervised sale of the said shares is the most efficacious means of satisfying the Decree without further prejudice to the Plaintiff.
Response
The 1st Defendant filed a Replying Affidavit sworn by Dr. John Kithaka , stating that:
i. The Judgment Debtor has been fully compliant with all court orders, contrary to the Plaintiff’s assertions.
ii. The Application is premature and unfounded, with concealment of material facts, given that the Plaintiff instructed Giant Auctioneers via a letter dated 7th May, 2025 , to sell Ntirimiti Settlement Scheme/482 on 13th June, 2025 .
iii. The 1st Defendant is facing liquidity challenges due to mismanagement by previous directors, and immediate execution may precipitate insolvency.
iv. The alleged encumbrance on the said property was caused by the Plaintiff herself.
v. The Application is therefore an abuse of court process and aimed at crippling the Sacco’s operations.
Supplementary Affidavit
In her Supplementary Affidavit, the Plaintiff/Decree Holder refuted the above averments, stating that:
i. The Replying Affidavit contains falsehoods and deliberate concealment intended to delay and frustrate satisfaction of the Decree.
ii. The Decree remains wholly unsatisfied and no proof of partial payment has been provided.
iii. The attachment of shares in CIC Insurance Group PLC is a lawful and sequential step in execution, since the land execution failed due to a Prohibition Order in Nakuru CMCC No. 278 of 2021 , a case unrelated to her.
iv. The assertion that attachment will cripple the Sacco is speculative and self-serving.
v. The 1st Defendant continues to operate and trade using depositors’ funds, including her own.
Issues for Determination
Having considered the pleadings, affidavits, and submissions, the following issues arise:
a. Whether the Plaintiff’s conduct amounts to abuse of the Court process by pursuing multiple execution processes;
b. Whether attachment of the 1st Defendant’s shares is equitable, lawful, and proportionate; and
c. Whether the Application should be allowed or dismissed with costs.
On Alleged Abuse of Court Process
The 1st Defendant contends that the Plaintiff is engaging in multiple and parallel execution processes, which amounts to abuse of court process. Reliance was placed on Satya Bhama Gandhi v DPP & 3 Others [2018] eKLR , and Beinosi v Wiyley [1973] SA 721 (SCA) , among others.
However, from the record, it is clear that while the Plaintiff did instruct Giant Auctioneers to sell Ntirimiti Settlement Scheme/482 , the sale did not proceed due to a Prohibition Order registered on 3rd May, 2023 in Nakuru CMCC No. 278 of 2021 , which restrains dealings with that property.
The Plaintiff has since elected to pursue an alternative and lawful mode of execution—attachment of shares under Order 22 Rule 40 of the Civil Procedure Rules.
Under Section 38 of the Civil Procedure Act , a Decree Holder is entitled to choose any lawful mode of execution until the Decree is fully satisfied. There is therefore no multiplicity or duplicity in pursuing sequential execution once an earlier attempt fails.
The authorities cited by the 1st Defendant address duplicative suits and forum shopping , which are distinct from this scenario.
Consequently, the Court finds that the Plaintiff’s actions do not constitute abuse of process.
On Attachment of Shares in CIC Insurance Group PLC
Shares constitute movable property under Section 2 of the Civil Procedure Act and are expressly attachable under Order 22 Rule 40 of the Civil Procedure Rules.
The Plaintiff’s Application fully complies with the prescribed procedure, seeking a prohibitory order and disclosure from the CDSC and NSE.
The 1st Defendant’s claim that attachment would cripple its operations is unsupported by evidence. No financial statements or expert reports were produced to substantiate this assertion.
The Court agrees with the reasoning in Kenya Commercial Bank Ltd v Suntra Investment Bank Ltd [2015] eKLR that “equity aids the vigilant, not the indolent.” The Plaintiff, as a depositor whose funds remain unpaid, cannot be prejudiced by vague claims of hardship.
The doctrine of approbation and reprobation does not arise since the Plaintiff derived no benefit from the encumbrance and merely pursued an alternative execution route after the land became unavailable for realization.
Determination
Having considered all the material before it, the Court finds that:
i. The Plaintiff/Decree Holder is entitled to pursue attachment of shares as an alternative mode of execution.
ii. There is no abuse of court process.
iii. The 1st Defendant’s objections are unmerited and unsupported by evidence.
Accordingly, the Notice of Motion dated 23rd September, 2025 is allowed in its entirety.
Orders
a. The 1st Defendant’s shares in CIC Insurance Group PLC are hereby attached in execution of the Decree herein.
b. The Central Depository & Settlement Corporation (CDSC) and CIC Insurance Group PLC shall within seven (7) days furnish the Court and the Plaintiff with particulars of the 1st Defendant’s shareholdings.
c. A Prohibitory Order shall issue restraining any transfer, pledge, or dealing with the said shares pending realization.
d. The shares shall be sold by public auction on the Nairobi Securities Exchange through a licensed stockbroker appointed by the Plaintiff under the supervision of this Court.
e. The net proceeds shall be applied towards satisfaction of the Decree and accrued interest.
f. Costs of this Application are awarded to the Plaintiff.
Ruling delivered, dated, and signed at Mombasa in open Court/Microsoft Teams
this …30th … day of …OCTOBER…………………, 2025.
HON. LADY JUSTICE WENDY K. MICHENI
JUDGE
In the presence of: Mr. Omondi for the applicant
NO APPEARANCE BY RESPONDENTS
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The Notice of Motion dated 23rd September, 2025 was brought pursuant to Sections 1A, 1B, 3A, 38, and 63(e) of the Civil Procedure Act , Order 22 Rules 40–52 of the Civil Procedure Rules , and all other enabling provisions of the law. The Applicant seeks the following orders.
i. spent
ii. THAT all shares, including any Class A Ordinary Shares, owned by the 1st Defendant/Judgment Debtor (FEP Sacco Society Limited, now Unicom Savings and Credit Co-operative Society Limited) in CIC Insurance Group PLC be attached in execution of the Decree herein.
iii. THAT pending hearing and determination of this Application, a Prohibitory Order do issue to the Central Depository & Settlement Corporation (CDSC) , the Nairobi Securities Exchange (NSE) , CIC Insurance Group PLC , and the 1st Defendant/Judgment Debtor restraining any transfer, dematerialization, pledge, charge, or other dealings with the aforesaid shares or any dividends/entitlements therefrom.iv. THAT the CDSC and NSE do within seven (7) days furnish to the Court and the Plaintiff/Decree Holder the CDSC account number(s), quantity, and class of shares owned by the 1st Defendant/Judgment Debtor in CIC Insurance Group PLCi
iv. THAT the attached shares be sold by public auction on the NSE through a licensed stockbroker appointed by the Plaintiff/Decree Holder under the supervision of this Honourable Court, and the net proceeds applied towards satisfaction of the Decree and accrued interest.
v. THAT any dividends, bonus issues, or cash entitlements accruing after attachment be paid to Court or directly to the Decree Holder to be set off against the Decree.
vi. THAT costs of execution and this Application be borne by the 1st Defendant/Judgment Debtor.
Background
The Application is supported by the affidavit of Claudia Mueni Mutungi , who depones inter alia that:
i. Judgment was entered on 14th November, 2024 , in favour of the Plaintiff/Decree Holder against the 1st Defendant/Judgment Debtor for Kshs. 29,000,000 together with interest.
ii. To date, the Judgment Debtor has failed, neglected, and/or refused to settle the said decretal sum.
iii. The 1st Defendant has also failed to comply with the Orders of 27th March, 2025 , and there are no subsisting orders barring execution.
iv. The 1st Defendant is the registered owner of Class A Ordinary and/or other shares in CIC Insurance Group PLC , which are valuable attachable assets.
v. Unless prohibitory and disclosure orders are issued, there is a real risk of dissipation of these shares.
vi. Attachment and supervised sale of the said shares is the most efficacious means of satisfying the Decree without further prejudice to the Plaintiff.
Response
The 1st Defendant filed a Replying Affidavit sworn by Dr. John Kithaka , stating that:
i. The Judgment Debtor has been fully compliant with all court orders, contrary to the Plaintiff’s assertions.
ii. The Application is premature and unfounded, with concealment of material facts, given that the Plaintiff instructed Giant Auctioneers via a letter dated 7th May, 2025 , to sell Ntirimiti Settlement Scheme/482 on 13th June, 2025 .
iii. The 1st Defendant is facing liquidity challenges due to mismanagement by previous directors, and immediate execution may precipitate insolvency.
iv. The alleged encumbrance on the said property was caused by the Plaintiff herself.
v. The Application is therefore an abuse of court process and aimed at crippling the Sacco’s operations.
Supplementary Affidavit
In her Supplementary Affidavit, the Plaintiff/Decree Holder refuted the above averments, stating that:
i. The Replying Affidavit contains falsehoods and deliberate concealment intended to delay and frustrate satisfaction of the Decree.
ii. The Decree remains wholly unsatisfied and no proof of partial payment has been provided.
iii. The attachment of shares in CIC Insurance Group PLC is a lawful and sequential step in execution, since the land execution failed due to a Prohibition Order in Nakuru CMCC No. 278 of 2021 , a case unrelated to her.
iv. The assertion that attachment will cripple the Sacco is speculative and self-serving.
v. The 1st Defendant continues to operate and trade using depositors’ funds, including her own.
Issues for Determination
Having considered the pleadings, affidavits, and submissions, the following issues arise:
a. Whether the Plaintiff’s conduct amounts to abuse of the Court process by pursuing multiple execution processes;
b. Whether attachment of the 1st Defendant’s shares is equitable, lawful, and proportionate; and
c. Whether the Application should be allowed or dismissed with costs.
On Alleged Abuse of Court Process
The 1st Defendant contends that the Plaintiff is engaging in multiple and parallel execution processes, which amounts to abuse of court process. Reliance was placed on Satya Bhama Gandhi v DPP & 3 Others [2018] eKLR , and Beinosi v Wiyley [1973] SA 721 (SCA) , among others.
However, from the record, it is clear that while the Plaintiff did instruct Giant Auctioneers to sell Ntirimiti Settlement Scheme/482 , the sale did not proceed due to a Prohibition Order registered on 3rd May, 2023 in Nakuru CMCC No. 278 of 2021 , which restrains dealings with that property.
The Plaintiff has since elected to pursue an alternative and lawful mode of execution—attachment of shares under Order 22 Rule 40 of the Civil Procedure Rules.
Under Section 38 of the Civil Procedure Act , a Decree Holder is entitled to choose any lawful mode of execution until the Decree is fully satisfied. There is therefore no multiplicity or duplicity in pursuing sequential execution once an earlier attempt fails.
The authorities cited by the 1st Defendant address duplicative suits and forum shopping , which are distinct from this scenario.
Consequently, the Court finds that the Plaintiff’s actions do not constitute abuse of process.
On Attachment of Shares in CIC Insurance Group PLC
Shares constitute movable property under Section 2 of the Civil Procedure Act and are expressly attachable under Order 22 Rule 40 of the Civil Procedure Rules.
The Plaintiff’s Application fully complies with the prescribed procedure, seeking a prohibitory order and disclosure from the CDSC and NSE.
The 1st Defendant’s claim that attachment would cripple its operations is unsupported by evidence. No financial statements or expert reports were produced to substantiate this assertion.
The Court agrees with the reasoning in Kenya Commercial Bank Ltd v Suntra Investment Bank Ltd [2015] eKLR that “equity aids the vigilant, not the indolent.” The Plaintiff, as a depositor whose funds remain unpaid, cannot be prejudiced by vague claims of hardship.
The doctrine of approbation and reprobation does not arise since the Plaintiff derived no benefit from the encumbrance and merely pursued an alternative execution route after the land became unavailable for realization.
Determination
Having considered all the material before it, the Court finds that:
i. The Plaintiff/Decree Holder is entitled to pursue attachment of shares as an alternative mode of execution.
ii. There is no abuse of court process.
iii. The 1st Defendant’s objections are unmerited and unsupported by evidence.
Accordingly, the Notice of Motion dated 23rd September, 2025 is allowed in its entirety.
Orders
a. The 1st Defendant’s shares in CIC Insurance Group PLC are hereby attached in execution of the Decree herein.
b. The Central Depository & Settlement Corporation (CDSC) and CIC Insurance Group PLC shall within seven (7) days furnish the Court and the Plaintiff with particulars of the 1st Defendant’s shareholdings.
c. A Prohibitory Order shall issue restraining any transfer, pledge, or dealing with the said shares pending realization.
d. The shares shall be sold by public auction on the Nairobi Securities Exchange through a licensed stockbroker appointed by the Plaintiff under the supervision of this Court.
e. The net proceeds shall be applied towards satisfaction of the Decree and accrued interest.
f. Costs of this Application are awarded to the Plaintiff.
Ruling delivered, dated, and signed at Mombasa in open Court/Microsoft Teams
this …30th … day of …OCTOBER…………………, 2025.
HON. LADY JUSTICE WENDY K. MICHENI
JUDGE
In the presence of: Mr. Omondi for the applicant
NO APPEARANCE BY RESPONDENTS
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